Medical malpractice is a specialized area of personal injury law that involves harm caused to a patient due to the negligence or incompetence of a healthcare professional. In Canada, healthcare providers—including doctors, nurses, and hospitals—are held to a high standard of care. When that standard is breached, and injury results, patients have the right to seek compensation. This blog explains what medical malpractice is, the rights of Canadian citizens, and what to do if you believe you have a case.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or harm to the patient. This can happen in several ways, including:

• Misdiagnosis or delayed diagnosis: Failing to diagnose or incorrectly diagnosing a serious illness, such as cancer, can lead to delayed treatment and worsened outcomes.
• Surgical errors: Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient, are classic examples of medical malpractice.
• Medication errors: Administering the wrong medication, dosage, or treatment can result in significant harm.
• Birth injuries: Errors made during pregnancy, labor, or delivery that harm the mother or child can lead to a medical malpractice claim.
• Lack of informed consent: If a healthcare provider does not properly inform a patient of the risks involved in a procedure or treatment, the patient may have a claim for malpractice if harm occurs.

Canadian Citizens’ Rights in Medical Malpractice Cases

As a Canadian citizen, you have the right to receive competent and professional medical care. When that care falls short, you are entitled to seek compensation for damages resulting from the negligence. These damages can include:

• Medical expenses: Compensation for any additional medical treatment, surgeries, rehabilitation, or ongoing care needed as a result of the malpractice.
• Lost wages: If your injury has affected your ability to work, you can claim compensation for the income you’ve lost.
• Pain and suffering: You can seek compensation for both physical pain and emotional distress caused by the malpractice.
• Future care costs: If the injury has long-term effects, you may be entitled to compensation for future medical expenses and care needs.
• Loss of quality of life: If the malpractice significantly affects your daily life and activities, you may be entitled to additional compensation.

If you believe you have been harmed by medical malpractice, there are several important steps you should take:

1. Seek Medical Attention

Your health should always come first. If you believe you’ve been injured due to malpractice, seek medical help immediately. Ensure that the new healthcare provider is aware of the potential malpractice and can document any issues related to the injury.

2. Collect Evidence

Medical malpractice cases rely heavily on detailed medical records and evidence. Collect any documentation related to your diagnosis, treatment, medications, and communications with your healthcare provider. Keep a record of your symptoms, injuries, and any additional treatments required.

3. Consult a Medical Malpractice Lawyer

Medical malpractice claims are complex, requiring expert knowledge of both medical procedures and legal processes. Consulting with an experienced medical malpractice lawyer is critical in evaluating whether you have a valid claim and understanding your options. Most lawyers offer free consultations and work on a contingency fee basis, meaning they only get paid if you win your case.

4. Understand Time Limits

In Canada, medical malpractice claims are subject to a statute of limitations, meaning there is a time limit on how long you have to file a lawsuit. This period typically ranges from one to two years, depending on the province. However, in cases where the injury is not immediately apparent, the limitation period may begin when the injury is discovered.

5. File a Lawsuit

If your lawyer determines that you have a valid claim, they will help you file a lawsuit against the healthcare provider or institution responsible for your injury. Medical malpractice cases can be lengthy and may involve testimony from medical experts to demonstrate that negligence occurred.

Challenges in Medical Malpractice Cases

Medical malpractice claims are often complex and difficult to prove. The burden is on the patient to demonstrate that the healthcare provider’s actions fell below the standard of care, and that those actions directly caused the injury. This often requires the testimony of expert witnesses in the medical field.

Additionally, the legal system tends to protect healthcare professionals to a degree, so proving malpractice can be challenging without strong evidence. However, if successful, a medical malpractice case can provide the financial support needed for recovery and long-term care.

Conclusion

Medical malpractice law in Canada is designed to hold healthcare providers accountable when their negligence leads to harm. If you believe you’ve been a victim of medical malpractice, it’s essential to act quickly by seeking medical attention, collecting evidence, and consulting with a legal professional. A successful claim can help you secure compensation for medical costs, lost wages, and the emotional toll of your injury.

If you feel you have a medical malpractice case, don’t hesitate to reach out to a qualified lawyer who specializes in this area of law. They can guide you through the process, ensuring your rights are protected and that you receive the compensation you deserve.